Agenda 12/14/2010 Item #16E 9
Agenda Item No, 16E9
December 14, 2010
Page 1 of 17
EXECUTIVE SUMMARY
Recommendation to develop regulations relating to public use of County
lands designated as preserves and to provide a schedule of user fees for
use of the preserves.
OBJECTIVE: To provide regulations identifying what types of public uses are
appropriate for County lands designated as preserves and to provide a fee schedule for
use of preserve areas,
CONSIDERATION: Collier County currently provides regulations for public parks, The
Conservation Collier ordinance provides direction for selection of properties and
development of management plans, but does not provide speCific direction for how the
properties can be IJsed by the public,
When the first Conservation Collier preserve was opened to the public in 2006, staff
determined that Parks and Recreation regulations promulgated within Collier County
Code of Ordinances, Part 1, Chapter 98, Article III (attached for reference) be used to
cover issues such as hours of operation, littering, removal of plants, etc,
It was recognized, however, that there remained a need to add regulations that consider
the public use of preserve sites, Presently, Conservation Collier has seven preserves
open to the public, with some preserves having potential to host multiple types of visitor
activities, including camping and hunting, Additionally, staff anticipates conducting
conservation related events and receiving requests for ~ow intensity functions such as
weddings and family reunions at Conservation Collier properties, A schedule of fees is
required for this type of use of preserves,
At its October 11, 2010 public meeting, the Conservation Collier Land Acquisition
Advisory Committee (CCLAAC) discussed the need for a preserve use ordinance and
fee schedule, and recommended seeking direction from the Board of County
Commission (Board) for development of these items, The following reasons have been
identified:
. Potential for different types of activities from those conducted on County park
properties, including but not limited to camping, vehicle use, hunting, allowance
of leashed dogs on some larger properties,
. Existence of cattle leases; interfacing grazing activities with public use activities,
. Differing management goals focus from Parks and Recreation Department, i.e,
management of lands for the preservation of environmental resources with
recreational use as an ancillary and not a primary goal.
. Establishment of a schedule of operation for public visitation that takes into
account seasonal accessibility of trails and the need to potentially close some
areas periodically to accommodate land management operations such as
prescribed fire and restoration projects,
. Development of a framework policy and procedures for responding to requests
for various recreational uses, which considers conservation management goals,
Agenda Item No, 16E9
December 14, 2010
Page 2 of 17
. Obtaining Board authorization for a fee schedule and policies for certain types of
uses, such as conservation related public events and, potentially, for private
events such as weddings and family reunions,
. Provision of appropriate penalties for violation of preserve rules,
Discussion has occurred with CCLAAC, the Parks and Recreation Department, the
Parks and Recreation Advisory Board (PARAB) and the Growth Management Division
(GMD) (formerly the Transportation Department), regarding a "Preserve Use" Ordinance
that would encompass all Collier County preserve lands, as all these entities oversee
preserve lands, CCLAAC favored a stand-alone "Preserves Ordinance" to avoid
confusion with who has authority over specific preserves and to acknowledge that
preserves are different than parks, but deferred to the Board for a decision, PARAB and
Parks and Recreation Department favor insertion of language into the existing Parks and
Recreation Ordinance in order to keep all County recreational activities regulated in one
place, GMD's primary concern was to make sure the exceptional benefits ordinance
remained operative and that they would,_have an avenue open to request use of portions
of preserve lands for necessary pUblic projects,
Upon approval of this Executive Summary, a revision to existing ordinances and fee
schedules resolution will be developed and brought to the Board for a public hearing and
final approval at a subsequent meeting,
FISCAL IMPACT: There is no fiscal impact associated with this item, If the
recommended ordinance is approved during the subsequent advertized public hearing, a
resolution identifying a fee schedule intended solely to offset the costs of facilitating
appropriate private events will be presented as a companion item for Board approval.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact
associated with this action,
LEGAL CONSIDERATIONS: There are no legal issues presented at this time, The
County Attorney Office will work with staff to implement the Board's direction, SW
RECOMMENDATION: That the Board of County Commissioners 'directs the County
Manager (or his designee) to draft regulations for the purpose of identifying what types
of public uses are appropriate for all County-owned preserve lands and amend existing
language within the Parks and Recreation Ordinance, In addition, establish fees
associated with activities not already found in the existing ordinances,
PREPARED BY: Alexandra Sulecki, Coordinator, Conservation Collier Program
Item Number:
Item Summary:
Meeting Date:
Agenda Item No, 16E9
December 14, 2010
Page 3 of 17
COLLIER COUNTY
BOAIW OF COUNTY COMMISSIONERS
1GE9
F-':8comrllend<ltio[l to develop regulations relating to public use of County lands designated as
pl-'~serves and to provide user fees for private events conducted at preserves.
1211412010 9'OO:UO AM
Prepared Ily
Alnxanclra J. SUI0CI,1
Administrative Servicf~:;
[)ivt~ion
Envil'Olllll8"tltal S!'8Cialisl, Senior
Date
['";lcililil:S M;HlilLWllIf'l1l
10129120100:51:54 AM
Approved By
M~'liss;1 H'~nni9
Adminishil!ivC' Spt"vir:cs
Division
LllViI'Q11Il1Ctl(,11 Spf:~cialisL Principdl
Date
r',l'::_i!iliI?S Lll,lI1;,l',]('ttIPl11
'l()/29/20'10 9:29 AM
Approved By
Jf::lll1iletWIJite
Coun1y ^U~Jn10Y
/\.',;<;isj~Jnt C.Ul.tl11V /\P~r'i-rl(,y
DiJte
(:(Hlll1V;\P'_HIl'.:)"
'1(J/29IZ010 1:22 PM
Approved By
I'Lmn [" r"dn, tl' ,-'
I iDnc.l"C>ll:1ljf>!1 llh i~;i~"l
i\dm:lJi:;trn1')i I r:msllclti1Uon
Date
11 ;1i 1':: pC)r' ',\ir ,"1 i\d:nllll':( 1':11 i:m
l-j/9/2010 2:21 PM
Approved By
Lon (;nLlcn Prien
t\dluinistraU'JC S'_:I ,'icE',-
Uivisioll
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12f1/2010 1:50 PM
Approved By
u/ll8 COOld;fre1:H'
C(lllllly hlldlh-ltV'!'S 1_)Hi'J'
Date
I.,iiic'-;! .)f t/:aIL1U"'ll),~llt g [l!ld(w-l
12/2/;;0102:06 PM
Approved By
TiH~l[>~C Stan!'_'y
Office of M2!l()(J')Ifl'~nj ,:1
euclye!
f'-i!:mng'-:! ()!,"ri',Urms SUlnUn TUllis
Datt-'!
U;'liCi:' 'Il l'li.1_lU~I"'-PH>nt f. r,l!d~l[;:~
12/3120109:37 AM
Appn)\'cd Ry
M,uln Fhrnscy
Public Sr.rvic:es Divisiun
l\dIHini<;tta10l - r:rublic Services
Date
pl!hlic 3!'IViu's !)ivisinn
1217120103:48 PM
Approved By
Ui:lny V'/illiilII1S
Directer . POlk; g Pec'82t!un
Di;'lte
Agenda Itel11 No 16E9
December 14, 2010
Page 4 of17
Puhlic Sf.~rvicf'S Ui\!i~.;i{1I1
P'~rk'~ & Per:J"';'ti~Jtl
12f7/?(HO 3:48 PM
Approved By
r::1:nk !5acl~';;r'fl
r;l<lna:_rlpenliE'ltfdJ:>! j\r~;11.\<;t, Senior
Date
Orrico of ManmJf~llIet't f"
BurJ~let
Olne'2 of M;)fl:~::J{'lncnt R Eludqc.t
12/7/20103:59 PM
Agenda Item No, 16E9
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AR11CLE II, - COUNTY PARI\S'
State law reference-General authority to provide for parks and recreational facilities and programs, F.S. !i
125,01(1)(f).
Sec. 246-26. .. Leuislative intQ!!t
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58(:5. 246=-~~1~24G-50... Ressu:.'{~d.
Sec. 246-26, - Legislative intent.
It is the intent of the legislature to authorize the board of county commissioners of Collier County to designate empioyees of
the Collier County department of parks and recreation as county park enforcement officers. It is declared as a matter of legislative
intent that county park enforcement officers be empowered to issue citations to enforce any county ordinance duly enacted by the
board of county commissioners to regulate acts within the county parks, and including, but not limited to.,.ort'linances which regulate
the use of county parks. pubiic beaches. beach access areas adjacent to county parks. county operated parking facilities. and
public areas immediately adjacent to county parks. to protect sea turtles and prohibit the operation of motor vehicles in. on, or
across the beaches of Collier County in order to promote, protect, and enhance the health, safety, and welfare of the citizens of
Collier County,
(Laws ofF/a. ell. 89-449, 91; Laws ofF/a. eh. 97-347. S 1)
Sec. 24G-27. - Jurisdiction,
Any person designated by the board of county commissioners as a county park enforcement officer (park ranger) is hereby
authorized to issue citations within the boundaries of any Collier County park, public beaches, beach rJccess c'lreas adjacent to
county parks, county operated parking facilities, and public areas immediately adjacent to county parks for violations of any Collier
County ordinances, duly enacted by the board of county commissioners to regulate acts within these areas, including, but not
limited to, those ordinances which regulate the use of the parks and prohibit certain acts therein, provide for the nesting and
protection of sea turtles and prohibit the operation of motor vehicles in, on, or across the beaches of Collier County within county
parks, when such violation is witnessed by said officer.
(Laws of F/a. ell. 89-449. S 2: Laws of Fla. ell. 97-347, S 2)
See, 246-28. - Powers and duties: offenses.
(a)
The board of county commissioners of Collier County is hereby authorized to designate employees of the Collier County
department of parks and recrealion as county park enforcement officers (park rangers). It shall be the responsibility of said
board to determine by resolution the training and qualifications of any employee so designated, Such designation and
training requirements shall be by resolution adopted at any regular or special meeting of the board.
(b)
It shall be the duty of any person designated as a county park enforcement officer (park ranger) to issue citations for any
offenses which occur within a county park boundary, public beaches, county operated parking facilities, and public areas
immediateiy adjacent to county parks, and which are either prohibited by ordinance enacted by the Board of County
Commissioners of Collier County or are specifically prohibited by this section. Except at such times and in such manner as
then not prohibited by law and to the extent expressly authorized in advance and in writing by permit issued by the director of
the department in strict adherence with policy rules of the department approved by resolution of the board of county
commissioners, it shall be such an offense to:
(1)
Willfully mark, deface, disfigure, injure, tamper with, or displace or remove any building, bridge, table, bench, fireplace,
railing, paving, or paving material, water line or other public utility or parts appurtenant thereof, signs, notices or
placard whether temporary or permanent, monuments, stakes, posts, or other boundary markers or other structures or
equipment, facilities, or any other county property or any appurtenances whatsoever, either real or personal.
(2)
Cut, break, mutilate, injure, disturb, sever from the ground or remove any growing thing, including, but not limited to,
any plant, flower, flower bed, shrub, tree, growth or any branch, item, fruit or leaf thereof; or bring into or have in his
Agenda Item No, 16E9
possession in any county park any tool or instrument which could be used for the cutting thlllilfil1'l;\Qmy1g\,raS\1l0r
agricultural implements or tools which could be used for the removal thereof; or pile or maintain anfmlllellaPbr1clebris
of any kind against or upon the same or attach any rope, cable or other contrivance thereto; or set fire to any trees,
shrubs, plants, flowers, grass, plant growth or living timber, or suffer any fire upon land to extend into park lands; or go
upon any prohibited lawn. grass plot or planted area.
(3)
Throw, discharge, or otherwise place or cause to beplaced in the waters of any.fountain, pond, lake, stream, bay, or
other body of water in or adjacent to any county park or any tributary, stream, storm sewer, or drain flowing into such
waters, any substance, matter or thing, liquid or solid, which will or may result in the pollution of said waters.
(4)
Carry, possess, or drink any alcoholic beverage in any park or in any park building or other park structure except at
authorized for wedding receptions and other special events.
(5)
Enter or exit any park facility except at established entrance ways or exits, or at established times.
(6)
Attach any posters, signs, or advertisements to trees or any other tangible property except bulletin boards and other
displays designed for such postings.
(7)
Cause or permit a dog or other domestic animal to enter any park facility except animal shows and other substantially
similar special events.
(8)
Build fires except in specified amas in county parks on cooking grills provided therein, except bonfires directly related
to special events.
(9)
Drive any un(luthorized vehicle on <lny area within the park except the paved park roads or parking areas; or park any
vehicle in other than an established or desl~nated parking area; or park any unauthorized vehicle in the county park
area overnight.
(10)
Ride a bicycle on other than a paved vehicular road or path designated for that purpose; leave a bicycle in a place
other than a bicycle rack when such is provided. or leave a bicycle lying on the ground or paving, or any place or
position so as to present any obstruction to pedestrian or vehicular traffic.
(11)
Violate any rule for the use of the park which has been posted on any park sign in a particular park pursuant to
dfJpruvdl vy lhe buaru uf cuunty curllfllissiuners irlduuil1\j ruies dnd re\juialiuns posted 011 lhe \jruunds ur uuikiif1gs ill
said parks.
(12)
Possess, carry, or transport any glass bottle or container out of doors in any county park.
(13)
Operate or couse to be operatud a hancL animal. motor, or engine driven wheel, track or other vehicle or implement
on. over or across any part of the sand dune, hill or ridge nearest the Gulf of Mexico, or the vegetation growing
ttlereon or seaward thereof, or to operate or drive such a vehicle on the area seaward thereof, commonly referred to
as the lJeach.
(14)
Injure, kill. molest, interfere or tamper with destroy, collect, carry, transport, possess, or otherwise cause any physical
hmm to any living turtle, tortoise, shorebird. bird of prey, sand dollar, shellfish, sea star, or any nesting of any such
living thing except to the extent expressly authorized by permit issued by the State of Florida or an agency thereof.
(LilWS o( Fla. eli. lJ9.44!J. {$ 3; Laws of nil. ell. 97.347, 5 3; Laws or Fla. (;/1. 98.483. S 1. Laws or Fla. ell. 99.487. S 1)
Sec.:.- 21~<:~, - Enforcement.
A citation issued by a county park enforcement officer (park ranger) under the provisions of this Act shall be in a form
prescribed by the board of county commissioners. Such citations shall state the date and time of issuance, name and address of
the person in violation, the date of the violation, description of the violation, the Collier County Ordinance and section violated,
name of the citing county park enforcement officer (park ranger), and a date and time at which the violator shall appear before the
Collier County Code Enforcement Special Master. The violator may elect a nonmandatory appearance and pay the fine as
prescribed by county onJinance.
(Laws or Fla. ell. 89-449. ~ 4: Laws of F/D. ell. 97-J47. ~ 4: Laws or Fla. eh. 2006-337, S 1)
~ec.1..1.G-=-:J,Q:. - Restrictions.
Nothing herein contained shall be construed to authorize or permit any person designated as a county park enforcement
officer (park ranger) pursuant to this article to perform any function or duties of a law enforcement officer other than as specified
Aqenda Item No, 16E9
herein, County park enforcement officers (park rangers) designated pursuant to this article shail not makllJ~YlIfd~~n1&tS'\J1 iake
any person into custody and shail be exempt from the requirements relating to the state high-hazard retirement ~iijjffiril iilIdI police
standards and training commission as defined by F,S, SS 122,34 and 943,11-943.25,
(Laws of Fla. ell. 89-449, 9 5)
Sees. 246.31-246.50. . Reserved,
Agenda limn 1"0, 16E9
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ARTICLE ill, - P,^.HK USE'
Cross rcference--Public possession or consumption of alcoholic beverages, 9 6.3; animals prohibited on beaches, 9
14-36; camping near Gulf of rv1CXfCQ, 9 94-1.
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See, 98-56, - Intent and purpose.
It is the intent and purpose of this article to regulate the use of county parks so as to protect the health, welfare and safety of
persons using the parks. and the general welfare of residents of surrounding areas and of the county. It is to be liberally construed
to effect that result
(Ord. No. 7G-48. ~ 1)
s{~~. 96-57. ~ Requirements concerning use of grounds and facilities.
(a)
Generally. Each person using the county public parks, grounds, and public beach access areas shall clean up all debris,
extinguish all fires when such fires are permitted, and leave the premises in good order, and the facilities in a neat and
sanitary condition. No person shall dump, deposit, or leave any bottles, broken glass, ashes, paper, or other trash anywhere
on the grounds of the parks other than in proper receptacles provided therefor, and no such refuse or trash shall be placed in
any waters in or contiguous to the park. While receptacles are so provided, all such rubbish or waste shall be carried away
frorn the park ur beach access area by the person responsible for its presence, and properly dislJosed of elsewhere.
(b)
Oefimtions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in
lhis subsection, except where the context clearly indicates a different meaning:
(1)
Beach access area means any easement, street, alley, right-of-way or any other property deeded or dedicated to the
public for the purpose of allowing the public access to beaches across public or private property.
(2)
County park means a land or w(]ter site publicly owned, operated, or controlled, that is used for public recreational
purposes. The term "county park" shall inclurle beach access are8S which have been deeded or dedicated for public
use.
(3)
Department means the Collier County Parks and Recreation Department.
(4)
Director means the Director of thfJ Collier County Parks and Recreation Department.
(Ora. No. 76.48. ~ 2; anI. No. [7-3, <; 1: 0,(/. No. 07-CU. 9 1)
~~~~C. 9n~~;n~ ~ Prollibi{{1U <let:;.
(a)
No person shafl. within county parI< houndaries.
(1)
Disobey the lawful and reasonable order of a police officer or county park employee in the discharge of his duties or
disobey or disregard the notices, prohibitions, instructions or directions on any park sign, including rules and
regulations posted on the ground or buildings in said parks.
(2)
Willfully, mark, deface, disfigure, injure, tamper with, or displace or remove any building, bridge, table, bench,
fireplace, railing, paving, or p<=lving material, water line or other public utility or parts appurtenant thereof, signs,
notices or placard whether temporary or permanent. monuments, stakes, posts, or other boundary markers or other
structures or equipment, facilities or park property or appurtenances whatsoever, either real or personaL
(3)
(b)
(4)
Interfere with, encumber, obstruct or render dangerous any part of the park,
Agenda Item No, 16E9
December 14, 2010
Page 9 of 17
(5)
Climb or lie upon any walls, fence, shelter, seat, statue, monument, or any other structure.
Cut, break, injure, disturb, sever from the ground or remove any growing thing, including but not limited to, any plant,
flower, flower bed, shrub, tree, growth or any branch, item, fruit or leaf thereof; or bring into or have in his possession
any county park any tool or instrument intended to be used for the cutting thereof, or any garden or agricultural
implements or tools which could be used for the removal thereof; or pile or maintain any material or debris of any kind
against or upon the same or attach any rope, cable or other contrivance thereto; or set fire to any trees, shrubs,
plants, flowers, grass, plant growth or living timber, or suffer any fire upon land to extend into park lands; or go upon
any prohibited lawn, grass plot or planted area, except at such limes and in such matter as the director of the parks
and recreation department may designate.
(6)
(7)
Throw, discharge, or otherwise place or cause to be placed in the waters of any fountain, pond, lake, stream, bay, or
other body of water in or adjacent to any county park or any tributary, stream, storm sewer, or drain flowing into such
waters, any substance, matter or thing, liquid or solid, which will or may result in the pollution of said waters.
(8)
Disturb the peace, use any profane, obscene or blasphemous language or do any indecent act.
Endanger the safety of any person by any conduct or act.
(9)
Commit any assault, battery or engage in fighting.
(10)
(11)
Carry, possess, or drink any alcoholic beverage in any park except as provided in the exemption set forth in
subsection (b) of this section or except at such times and in such manner as then not prohibited by law and to the
extent expressly authorized in advance and in writing by permit issued by the director of the department in strict
adherence with policy rules of the department approved by resolution of the board of county commissioners.
Enter or exit any park facility except at established entrance ways or exits, or at established times.
(12)
Attach any posters or directional signs to trees.
(13)
Cause or permit a dog or other domestic animal to enter, except as provided in the exemption set forth in subsection
(b) of this section,
(14)
Build fires except in specified areas in county parks on cooking grills provided therein.
(15)
Drive any unauthorized vehicle on any area within the park except the paved park roads or parking areas; park an
authorized vehicle in other than an established or designated parking area; park any unauthorized vehicle in the
county park area overnight.
(16)
Ride a bicycle on other than a paved vehicular road or path designated for that purpose; leave a bicycle in a place
other than a bicycle rack when such is provided, or leave a bicycle lying on the ground or paving or any place or
position so as to present any obstruction to pedestrian or vehicular traffic.
(17)
Prevent any person from using any park, or any of its facilities, or interfere with such use in compliance with this
section and the rules applicable to such use.
(18)
Violate any rule for the use of the park which has been posted in a particular park pursuant to approval by the board of
county commissioners.
(19)
Possess, carry andlor transport on or about their person or discharge any firearm, as defined in F,S, S 790,001(6),
excluding duly authorized law enforcement officers in the lawful performance of their duties.
(20)
Possess, carry, and/or transport on or about their person any glass contained in any beach access area.
Exemption to prohibited acts.
(1)
An exemption to subsection (a)(10) of this section is hereby deciared and established to permit the sale, consumption
or possession of alcoholic beverages within the Golden Gate Community Center in accordance with the following
conditions:
a.
The sale, consumption or possession of alcoholic beverages shall be permitted only in conjunction with or
accessory to a primary function for which the community center has been rented (e.g., wedding, office party,
b,
flqellda Item No, 16E9
December 14, 2010
Page 10 of 17
Any permit or temporary license for the sale of alcoholic beverages required by the division of alcoholic
beverages and tobacco including, but not limited to, F,S, !i 561.422, shall be a prerequisite to the sale or
service of alcoholic beverages. It shall be the sole responsibility of the person requesting permission to serve
alcoholic beverages to acquire all such permits or licenses and neither the Golden Gate Municipal Services
Taxing District nor the county shall have any obligation or responsibility to obtain or provide such permits or
licenses.
holiday party, charitable functions, etc,),
c.
The person requesting permission to serve alcoholic beverages and all persons consuming or possessing
alcoholic beverages at the Golden Gate Community Center shall comply with all statutory requirements relating
to the sale or possession of aicoholic beverages as set forth in F.5. chs, 561 and 562, as applicable,
Specifically, no minors shall possess or consume alcoholic beverages at the community center.
d,
Arrangements for permission to sell or serve alcoholic beverages at the Golden Gate Community Center shall
be made through the director of the community center, or his designee.
e,
The regularly established hours for the Goiden Gate Community Center shall be observed with regard to the
sale, consumption or possession of alcoholic beverages within the Golden Gate Community Center, or his
designee.
f,
The sale, consumption or posse$"Sion of alcoholic beverages shall be permitted o'nly within the Golden Gate
Community Center Building.
g,
The person requesting permission to serve alcoholic beverages at the Golden Gate Community Center shall
provide proof of insurance as a prerequisite to the sale or serving of alcoholic beverages. Such proof of
insurance may take the form of a separate liquor liability insurance policy, liquor liability rider to homeowners
insurance. or other insurance approved by the county risk manager. In the event that general liquor liability
insurance is provided by the county for all functions which sell or serve alcoholic beverages. any person, group
or organization conducting such function shall pay a proportional share of the cost of such insurance as
determined by the county risk manager and the director of the community center.
h,
Either the director uf the Gulden Gate Communily CEmter. ur his designee. or a person designateLl by lhe
county department of parks and recreation shall be present during the course of any function or activity at
which Alcoholic beveri1DeS me sold, consumed or possessed at the community center. Such person shall have
the authority to immedIately terminC'lle or CCluse the termination of the sale, consumption or possession of
alcoholic beverages where it is detGrmined that any requirement of this section has been violated.
(2)
An exemption to subsection (a)(14) of this section is hereby declared and established to permit domestic animals
within county park boundaries for county-approved recreational special events (e.g., petting zoo, dog shows, etc.),
park ranger patrol, seeing-eye dogs for handicapped park patrons and law enforcement duties.
(O/(l No. iG-4lJ.~. J: Ord No 81.3. (.:': Un!. Nu. 813-7 :~I, O,d Nu. YO..g,!i J: Ou'f. No 07--GG. ~ 2)
~yc:...~.Et:lL~L. - HoUl S.
Except for unusual and unforeseen emergencies. county parks shall be open to the public every day of the year during hours
designatr!d by the director of the parks and recreation department. The pending and closing hours for each individual park shall be
posted therein fur public information.
(Old. No. 7(""48. (11)
~e", 98.6_~ - Conflict and severability,
(a)
In the event this article conflicts with other applicable law, the more restrictive shall apply. If any portion of this article is in
conflict with an ordinance of any municipality within the county, it shall not be effective within the municipality to the extent of
such conflict.
(b)
If any section, subsection, sentence, clause, phrase, or portion of this article is, for any reason, held invalid or
unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision of such holding and shall not affect the validity of the remaining portion thereof.
(Old. No. 76-48. 9 G; aliI No. 81.3,93)
Agenda Item No, 16E9
December 14. 2010
Page 11 of 17
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AljencJa Item No, 16E9
December 14, 2010
Page 12 of 17
ORDINANCE NO. 2006 - ~
AN ORDINANCE OF THE BOARD m' COUNTY
COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, ESTABLISHING AN EXCEPTIONAL
BENEFITS PROCESS AND PROCEDURE,
PROVIDING FOR A SHORT TITLE, INTENT,
AI'I'LlCABILlTY, AUTHORITY; PROVII>lNG FOR
DEFINITIONS: PROVlIlING FOR I'ROTECTION
OF THE CONSERVATION COLLIER LANDS:
PROVlIlING FOR EXCEPTIONAL BENEFITS
COMI'ENSATION FOR ANY CONVEYANCE OF AN
INTEREST IN CONSERVATION COLLIER LANDS;
PROVIDING FOR EXEMPTIONS; PROVIDING FOR
CONFLICT AND SEVF:RABILlTY; PROVIDING
FOR INCLUSION IN CODE OF LAWS AND
ORDINANCES AND PROVIDING FOR AN
EFFECTIVE DATE,
WHEREAS, the Board of County Commissioners adopted the Conservation
Collier Ordinance 2002-63 on December 3. 2002 pursuant to a referendum to acquire,
protect, restore and manage environmentally sensitive hmds In Collier COWlty; and
WHEREAS, the Board of County Commissioners has acquired over 400 acres of
land for )ong-tcnn conservation using these funds; and
WHEREAS, the Board of County Commissioners has previously determined that
tilt: public inlerest is best served by these lands being preserved and managed as preserves'
or for cunservation forever, and that the hest means of ensuring permanent preservation is ;
to provide multiple layers of protection for conservation lands through third party'--
conservation casements, deed rcstliclions, and shared title; and
.1
WHEREAS, the Board of County Commissioners has determined that the publi(~ \
interest may be served in certain circumstances by allowing portions of lands acquired-,
through the C'onscrvation Collier Program (Program) to be dedicated to othl.:f public uses!
when such dl.:dication results in an cxceplioJlul bene tit to the Program; and
WHEREAS, the Board of County Commissioners has determined that an
exceptional benefit to the Program can only be ensured by requiring that all conveyances
of an intcrc::;t in Program Lands be ofTset by; IJ the acquisition and transfer oflands into
the- Pro!jram and the pemlanent preservation of higher quality environmentally sensitive
lands, grc\:nways or Dpen space Of water resource lands of greater acreage or more
;iuitahk location than the interest in l'onscrvatioll lands conveyed, 2) payment, or 3) u
..:ombination thereof; and
WI JEREAS, the Hoard of COlll1!)' Commissioners has determined that it is
desirable to establish a public process and proccdufl~ for approving Other-use
Oedicatioll(s) uf Prubrram Lands when such Jedicatioll~s) is necessary to the public
interest and results in an exceptional benefit to the Program.
!\OW, TIlEI(Ef'ORj,:, Ill-: IT ORDAINED BY TilE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COt 'NTY, FLORIDA. that:
Section 1. SHORT TITLE,INTEIiT, A!'PLlCAnILlTY, AUTHORITY:
1.0 I This OnJinanl,;,c shall be known as the "Conservation Collier
Exceptional Benefits Ordinance."
1.02 It is the intent of this Ordinance to recognize that while the public
interest is best served when the Program Lands as defined in
subsection 2JH arc allowed to remain as conservation lands in
perpetuity, the pubJic interest may also be served in certain
circumstances where portions of Program Lands, subject lo
existing grant restrictions or partnership agreements, are dedicated
to other public uses thereby providing necessary public
infrastructure in addition to an exceptional benefit to the Program.
1.03 It is the intent of this Ordinance to recognize that Other-use
Dedications of portions of Program Lands that fail to result in an
exceptional benefit to the Program as defined in subsection 2.04
are not in the public interest and shall be prohibited,
1.04 It is the intent of this Ordinancc to provide a process and
procedure whereby the Conservation Collier Land Acquisition
Advisory Committee (CCLAAC) can evaluate and make a
recorruncndation at a publicly~noticed meeting to the Board of
County Commissioners as to whether Other-use Dedications of
portions of Conservation Collier J ,ands provide an exceptional
benefit to the Program.
L05 The provisions of this Ordinance apply to the Conservation
Collier Land5 as defined in subsectioI12.01.
1.06 It is the intent of the Board of County Commissioners that this' .
Ordinance be construed to ensure the long-tenn protection and
preservation of Conservation Collier Lands through the
application of the criteria contained herein.
L07 Tllis Ordinance is adopted under the authority of Chapter 125,
Florida Statutes, The County Manager, or his designee, shall
administer this Ordinance.
Section 2. DEFINITIONS:
2.0] Program Lands are those lands acquired in whole or in part from
funds obtained from the Conservation Collier Trust Fund as
allowed by Ordinance No, 2002-63, as amended, as well as lands
donated to the Conservation Collier Program.
2.02 Dedications (Other-use Dedications) means: I) a conveyance of
fee simple interest of Program Lands or an easement interest in
Program Lands to an entity uther than Collier County or 2) a
change of the primary use of the Program Lands from conservation
and preservation to some (Hher use which benefits the public so
long as fee simple interest remains in favor of Collier County.
2.03 Interest in Program Lands means a fee simple interest, casement,
right-of-way, or a fannal declaration of a use not initially intended
for the property acquired as tonscrvation lands. Uses not initially
intended include, but are not limited to, utility systems and
facilities and roadways.
2,04 Exceptional Henefit to lbe Program means that the proposed
Other-use Dedications of portions of Conservation Collier Lands is
cunsistent with the goals, objectives and policies of the program
and is offset by the transfer into the Program of ftUlds, land, or a
combination thereof that results in a greater value or acreage for
the Program.
Section 3. PROTECTION Of' THE CONSERVATION COLLIER
LANDS:
3.01 A goverrunental entity, including the COWlty acting through one of
its departments, may request an Inlerest in Program Lands by
submitting a written petition to the COWlty Manager or his
designee on behalf of tile Board of County Commissioners.
Agenda Item No, 16E9
December 14, 2010
Page 13 of 1 7
3.02 The County Manager or his designee will bring the petition to the
CCLAAC who will evaluate and determine in a public forum
whether a potential Other-use Dedication of portions of
Conservation Collier Lands provides an Exceptional Benefit to the
Program prior to any disposition of Program Lands.
),()) The Petition Form shall:
A. Slale the public purpose for which the Other-use Uedication is
being requested.
B. Provide a history and discussion of the alternatives to
requesting the specific interest in Program Lands .and
demonstrate with supporting documentation as to why other
alternatives are not acceptable.
C. Demonstrate with supporting documentation that the requesttld
Other-use Dedications of portions of Program Lands takes the
minimum acreage and. to the maximwn extent possible,
minimizes de!ete.rious intrusion. preserves higher quality or
acrcage of lands than those sought if a land exchange is being
otTered, impacts th<: lowest quality habitat, and avoids habitat
fragmentation, noise and light pollution that would adversely
af1ect the adjaccnt remaining Program Lands.
D. Demonstrate \vith supporting documentation a substantial
public need for lhe particular interest in Program Lands
requested, why there arc no acceptabll:.: alternatives to meet the
need, \vhy the competing public use must occur at that
location, and how the ()lher~u~e Dcdi<:ations of portions of
Program Lands will be offset to enslIn; an Exceptional Bendit
to the Program.
E. Demonstrate how lhe Olher-use Dedications of portions of
Program Lands will not adversely afJect any Slate or Federally
listed species.
F. Demonstrate that the proposed compensation meets the goais
and purposes of the Program and provides an Exceptional
Benefit to the Program.
G. Include thl.: current \'alue of the land to be al.:quired as
provided for in Section 4.02.
3.04 Prior to any action hy lhe Board of COWlty Commissioners
regarding the Other-use Dedications of portions of Program Lands,
the CCLAAC, or its successor(s), shall review and prepare
findings and recommendations on the proposed compensation
pursuant to Sel.:tion 4 of this Ordinance to determine: 1) whether
any substitute lands offered meet the criteria for acquisition under
Ordinance 2002-63, ~s amended, Set.:tion 10; 2) whether the
substitute lands olTered meet the purposes for which the affected
Progr"ull Lands were initially acquired; cmd 3) whether the
proposed compensation pursuant to Section 4 provides an
Exceptional Bendit to the f->rogram. The CCLAAC shall make its
findings and recommendations no laler than 90 calendar days after
receipt of the petition by the County Manager or his designee. If
the affected Program Lands are within municipal boundaries, the
pdition for conveyimce of an interest in Program Lands shall be
submitted for review Py that munkipality. The mWlicipality shall
have 90 calendar days from receipt of lhe request by its mayor or
rnanagt':r to provide comments and recommendations to County
Manager or his designee, who shall provide copies of the
cumments and recomrm:ndations received from CCLAAC and the
applicable municipality to the Board of County Commissioners at
the public hearing where the petition for Other-use Dedications of
portion~ of Program Lands is being considered,
Agenda Item No, 16E9
December 14. 2010
Page 14 of 17
),05 If the CCLAAC has been disbanded, the Petition will proceed
directly to the Board of County Conunissioners and/or Mayor of
any affectcd municipality to rcquest approval.
).06 To reconunend approval of the petition, the CCLAAC must
determine that :
A, There is a substantial pubiic need for the Other-use Dedication's
of portions of Program Lands~ and
B. There is no viable or rea.<;ollable alternative to meet the need
other than the use of Program Lands; and
C. That the rC'luestcd Other-use Dedications of portions of
Program Lands is the minimum acreage necessary and, to the
maximum extent possible, preserves higher quality or quantity
lands than those sought if a land trade is being offered, impacts
the lowest quality habitat, and avoids habitat fragmentation,
noise, and light pollution to the adjacent remaining Program
Lands; and
D. That the proposed compensation meets the goals and purposes
of the Program for acquisition and is sufficient to ensure that
the proposed conveyance will result in an Exceptional Benefit
to the Program; and
E. That tile proposed conveyance of an interest in and use of
Program Lands does not adversely afTect any State or Federally
listed species; and
F, That the findings in this subsection A. through E. are expressly
set forth along with the written commitment providing for
compensation.
),07 If CCLAAC linds that the Pelition fails to meet any of the
requirements ofScction),06 of this Ordinance, thc CCLAAC shall
recommend that the Board of County Commissioners disapprove
the petition.
3,08 The Petition shall be brought to the Board of County
Commissioners at a publicly-noticed meeting in order to review
and consider the recommendation of the CCLAAC and to
dctennine whether the criteria set forth in subsection 3.06, A-E of
this Ordinance has been met. An aHirmative finding as to each
criterion is necessary for the Board of County Commissioners to
approve any Petition.
),09 An affirmative vote of four-fifths oJ'the full membership of the
Board of County Commissioners shall authorize an appropriate
cOIlveYilllce of an interest in, or casement QVef\ or declaration of
otller public usc, on lands held for the Program.
Section 4. COMPENSA nON FOR INTERESTS IN PROGRAM
LANDS:
4.01 In order to ensure that the conveyance of an interest in Program
Li.:lnds results in an Exceptional Benefit to the Program, the
proposed conveyance must be offset by the acquisition and transfer
into the Program of land Of payment of funds that satisfies the
definition of an Exceptional Benefit as stated in subsection 2,04 of
this Ordinance.
4,02 The value of tile land to be acquired as compensation for the use of
Program Lands shall exceed the current value of the Program
Lands proposed for other use. The current value of the interest in
Program Lands shall be determined by the purchase policy as set
forth in Section II of Resolution 2003-195, and as superseded, If
the net value of the land to be acquired as compensation for the use
of Program Lands dues not exceed the then Current value of the
Agenda lIem No, 16E9
December 14, 2010
Page 15 of 17
Program Lands proposed for other use, the difference shall be
made up monetarily, and those funds shall be remitted to the
Program,
4.03 Land or funds, or some combination of both, conveyed into the
Program shall exceed ] 00% of the value of lands or interest in
lands proposed for conveyance out of the Program. In valuing the
interest of Program Lands, the value of any development rights
originally purcllused shall be included.
4.04 With exceptions as approved by the Board of County
Commissioners, if less than five (5) acres remain as Program
Lands; the cntire parcel may bc purchased,
4,05 Quality of habitat for iand offered as compensation for
Envirorunentally Sensitive Lands as defined in Section 5.6 of
Ordinance, No. 2002-63, as amended, also known as the
Conservation Collier Ordinance, shall bl;:: determined by the rarity
and diversity of native ecosystems, fWlction of the habitat in tenns
of its ability to support wildlife, adjacency to or connectivity
between exiting Program Lands, and the presence of State or
Federally listed species. II' the affected Program Lands arc not
Environmentally Sensitive Lands, as defined in Section 5.6 of
Ordinancc No, 2002-63, as amended, the land offcred tor
compensation rursuillll to Section 4 of this Ordinance shall satisfy
or exceed the purposes !>erved by the conveyed Program Lands
according to the acquisition criteria in St.'ction 10 of Ordinance No.
2002-63, us amended.
4.06 Compensation pursuanl to this Seclion shall be provided at the
time of Board approval of any Other-use Dedication or transfer of
interest in. Program Lands.
".un The party acquiring the interest in Program Lands shall be
responsible lor all associated costs, induding but not limited to,
costs of upprai:>als, environmcntal surveys, boundary surveys,
doeumcllLary st;:unps, costs of recording. title commitments and
title insurance. These costs arc not deemed to be parI of lhe
Exceptional Benefit valuation.
Seelio" 5, EXEMI'TlONS:
The following circwnstances shall he exempt from the t()fcgoing process
as set forth in Sections 3 and 4 of this Ordinance.
5.0 I Conveyance of an interest in Program Lands where lhe affected
Program Lands will benefit by proviJing public access where there
\Vil.'i previously no reasunable publil,; access.
5.02 Conveyam:e of an interest in Program Lands at the time ot: and as
part of, the acquisition process is exempt from this Ordinance.
5.03 Conveyance of a cunservation easement to a government or a nOI1-
pro (it conservation organizalion thr the purpose of pennanent
preservation is exempt from this Ordinance.
Seelio" 6. CONFLICT AND SEVERAIlILlTY:
In the event this Ordinam:e conl1icts with any other Ordinance of Collier
County or other applicable law, the more restrictive shall apply, If any
phase. or purtion of the Ordinance is held invalid or unconstitutional by
any court of competent jurisdiction, such portion shall be deemed a
separate. distinct and independent provision and such holding shall not
aftcct the validity of the rema..inder portion.
I\(lenda Item ~Jo, 16E9
December 14, 2010
Page 16 of 17
Agenda Item No, 16E9
December 14, 2010
Page 17 of 17
Section 7. INCLUSION IN THE CODE OF LAWS AND
ORDINANCES:
The provisions of this Ordinance shall become and be made a part of the
Code of Laws Wld Ordinances ofeollier County, Florida. The sections of
the Ordinance may be renwnbered or re-Iettered to accomplish such, and
the word "ordinance" may be changed to "section," "article," or any other
appropriate word.
Section 8. EFFECTIVE IlA TE:
The provisions of this Ordinance shall become effective upon filing with
the Department of Stute,
PASSED AND DULY ADOPTED by the Board of COWlty Commissioners of
Collier COWlty. Florida this Jt: day of {lie"'''''"1 2006,
Attest: BOARD OF COUNTY COMMISSIONERS
DWIGHT E, BROCK, Clerk COLLIER COUNTY, FLORIDA
cl.U4~te~(
By:
~.-::-~~-/
Deputy Cierk
~tt4,t II to en.traln I
~ \ .jtl,~ till"" e() 1 .
Approved as to Porm and Legal Sufficiency:
FRANK HALAS, Chairman
~
Jennifer A. Bdpedi
Assistant County Attorney
ThIs ordinance filed with the
)p~fOI'Y I-of. Stnlr/s Offi:-:e the
1___ rluyl,llVMh-Y ,.;i-O<::!,1.p
ond ocknowl~,k,t'\nu,~ ,....fJl
fil ng rec ived thi!> \~_~ doy
o --4;QiP
By